pasilla

Posted 11 September 2018 - 17:41

pasilla

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Grup: Senior Members

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Înscris: 31.03.2012

13 .In view of the nature and scope of the exception, which is limited to entities carrying out
scientific research any potential harm to rightholders created through this exception should be
minimal. Therefore, Member States should not provide for compensation for rightholders as
regards uses under the text and data mining exception introduced by this Directive.

(13a) In addition to their significance in the context of scientific research, text and data mining
techniques are widely used both by private and public entities to analyse large amounts of
data in different areas of life and for various purposes, including for government services,
complex business decisions and the development of new applications or technologies.
Rightholders should remain able to license the uses of their works and other subject-matter
falling outside the scope of the mandatory exception provided for in this Directive and the
existing exceptions and limitations provided for in Directive 2001/29/EC. At the same time,
consideration should be given to the fact that users of text and data mining techniques may be
faced with legal uncertainty as to whether temporary reproductions and extractions which are
a part of the process of text and data mining may be carried out on publicly available and
lawfully accessed works and other subject-matter, in particular when the reproductions or
extractions made for the purposes of the technical process may not fulfil all the conditions of
the existing exception for temporary acts of reproduction in Article 5(1) of Directive
2001/29/EC. In order to provide for more legal certainty in such cases, this Directive should
enable the Member States to provide under certain conditions for an exception or limitation
for temporary reproductions and extractions of works and other subject-matter, insofar as
these form a part of the text and data mining process and the copies made are not kept beyond
that process. This optional exception or limitation should only apply when the work or other
subject-matter is accessed lawfully by the beneficiary, including when it has been made
available to the public online, and insofar as the rightholders have not reserved the right to
make reproductions and extractions for text and data mining, for example by agreement,
unilateral declaration, including through the use of machine readable metadata or by the use
of technical means. Rightholders should be able to apply measures to ensure that their
reservations in this regard are respected. This optional exception or limitation should leave
intact the mandatory exception for text and data mining for research purposes laid down in
this Directive.